S N A RIZVI Vs. REGISTRAR

JUDGEMENT

(1.) This petition is a charter of complaints and demands filed by patitioners who are members of R-3 Society. Their complaints range from alleged mismanagement of the affairs of the society by the Administrator and his effort to stay put for years on but their demand sustantially converges on holding of elections to the society.

(2.) It transpires that R-3 Society was superseeded on 9.4.1992 and Administrator was appointed to it. After he continued to hold office beyond three years. Petitioner filed CWP 1285/97 asking for holding of ejections to the society and enquiry into its affairs under Sections 55 and 59 of DELHI CO-OPERATIVE SOCIETIES ACT, 1972. This petition was disposed of on 3.11.99 directing Administrator to hold elections within three months and to complete the requisite enquiry expeditiously. In compliance thereto Election Officer was appointed and election programme announced on 12.5.2000. But since elections could not be held somehow, petitioners again launched this second found of litigation by this petition. They pray that R-1 (Administrator) be directed to hold elections forthwith and R-1 (Registrar) to complete the inquiry under Sections 55/59. They have also sought quashment of demands raised against them after 3.11.99, when their first petition was disposed of and appointment of Auditor to scrutinize accounts of the society and also an architect/engineer to determine the extent of alleged illegal construction and for initiation of criminal proceedings against erring members, besides a quo warrant asking the Administrator to vacate the office.

(3.) R-1 (Registrar) has filed a short reply denying the allegations and explaining that elections were called and election Officer appointed and that enquiry under Sections 55/59 cold not be completed as society records were not handed over to Administrator. No explanation, however, has been furnished for non-holding of elections.